M.P.S.E. BOARD Vs. NAIBA BAI

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 18.10.2004 passed by learned District Judge, Raisen in Civil Suit No. 2 -B/2004 whereby the suit of plaintiffs for compensation to the tune of Rs. 1,98,000 and interest @ 6% per annum from the date of filing of the suit has been decreed, this first appeal under Section 96, CPC has been filed by the defendants. No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal as they are mentioned in detail in paras 2 to 6 of the impugned judgment and, therefore, for the convenience they are not being reproduced here. Suffice it to say that the first plaintiff is the widow and plaintiffs 2 to 5 are the children of the deceased Jairam aged 26 years (hereinafter referred to as "the deceased") who died on account of electrocution on 10.9.2000. Hence, a suit for realization of compensation has been filed by the plaintiffs.

(2.) LEARNED Trial Court framed necessary issues and after recording the evidence of the parties decreed the suit of plaintiff. In this manner this appeal has been filed by the defendants.

(3.) THE factum of death of the deceased on account of electrocution is not in dispute, rather it has been emphatically proved. The issue No. 1 was framed by learned Trial Court in respect to the negligent act of the defendant -appellants as a result of which the deceased died on account of electrocution.